Rajasthan High Court - Jodhpur

Dr. Om Prakash Dara vs The State Of Rajasthan ... on 27 October, 2025

[2025:RJ-JD:46261]

      HIGH COURT OF JUDICATURE FOR RAJASTHAN AT
                       JODHPUR
                S.B. Civil Writ Petition No. 20591/2025

1.       Dr. Om Prakash Dara S/o Mangi Lal, Aged About 34 Years,
         Resident Of Gudahema, Tehsil Chitalwana, District Jalore.
         At Present Working As Medical Officer (Utb), Posted At
         Cmho-Lr District Jalore.
2.       Dr. Tarun Mali S/o Jamta Ram, Aged About 34 Years,
         Resident Of Dhansa, Tehsil Bhinmal District Jalore. At
         Present Working As Medical Officer (Utb), Posted At Chc
         Jaswantpura, District Jalore.
3.       Dr. Kanti Lal S/o Bhikha Ram, Aged About 39 Years,
         Resident Of Bhikharam And Sons, Mian Market, Raniwara
         District Jalore. At Present Working As Medical Officer
         (Utb), Posted At Chc Badgaon, District Jalore.
4.       Dr. Rajesh Kumar Vishnoi S/o Teja Ram, Aged About 31
         Years, Resident Of Malviya Nagar, 209, Bhinmal, District
         Jalore. At Present Working As Medical Officer (Utb), Chc
         Karda, Block Raniwara, District Jalore.
5.       Dr. Kuldeep Vaishnav S/o Mandas Vaishnav, Aged About
         30 Years, Resident Of Meera Sadan, Shobhala Ka Goliya,
         Sanchore, District Jalore. At Present Working As Medical
         Officer (Utb), Chc Hadecha, District Jalore.
6.       Dr. Vinod Kumar S/o Shri Ramesh Kumar, Aged About 28
         Years, Resident Of Main Bazar Road, Siyana, Tehsil And
         District Jalore. At Present Working As Medical Officer
         (Utb), Posted At Phc Akoli, Block Jalore, District Jalore.
7.       Dr. Nimba Ram S/o Daya Ram, Aged About 28 Years,
         Resident Of Village Kilawa Post Dabal Tehsil Sanchore
         District Jalore. At Present Working As Medical Officer
         (Utb), Chc Mandaula, Block Sayla, District Jalore.
8.       Dr. Surangila D/o Hema Ram, Aged About 27 Years,
         Resident Of Village Balana, Tehsil Sanchore, District
         Jalore. At Present Working As Medical Officer (Utb), Chc
         Badgaon, Block Raniwara, District Jalore.
9.       Dr. Gaurav Parihar S/o Shri Kishore Parihar, Aged About
         29 Years, Resident Of Near Maliyo Ka Niyati Nohara,
         Gandhipura, Balotra. At Present Working As Medical
         Officer (Utb), Posted At Pmo, Jalore.
10.      Dr. Naresh Bhadu S/o Shri Raghunath Ram, Aged About


                      (Uploaded on 27/10/2025 at 02:41:24 PM)
                     (Downloaded on 27/10/2025 at 09:49:31 PM)
 [2025:RJ-JD:46261]                    (2 of 5)                    [CW-20591/2025]


         27 Years, Resident Of Gudahema, Tehsil Chitalwana
         District Jalore. At Present Working As Medical Officer
         (Utb), Posted At Chc Hadecha Block Chitalwana, District
         Jalore.
11.      Dr. Kamlesh Kumar S/o Shri Jagdish, Aged About 28
         Years, Resident Of Sarnau Tehsil Sanchore District Jalore.
         At Present Working As Medical Officer (Utb), Posted At
         Chc Hadecha Block Chitalwana, District Jalore.
12.      Dr. Ashok Kumar S/o Shri Sooja Ram Mali, Aged About 27
         Years, Resident Of Ratanpura, Tehsil Chitalwana District
         Jalore. At Present Working As Medical Officer (Utb),
         Posted At Urban Phc Lal Pole, Jalore.
13.      Dr. Anand Kumar S/o Shri Tejraj, Aged About 30 Years,
         Resident Of Akoli Tehsil And District Jalore. At Present
         Working As Medical Officer (Utb), Posted At Pmo, Jalore.
14.      Dr. Swaroop Chand Suthar S/o Shri Mohan Lal Suthar,
         Aged About 45 Years, Resident Of Village And Post
         Bankali, District Pali. At Present Working As Medical
         Officer (Utb), Posted At Pmo, Jalore.
15.      Dr. Vikram Kumar S/o Shri Shankara Ram, Aged About 25
         Years, Resident Of 199, Chimangarh, Gong, Raniwara
         District Jalore. At Present Working As Medical Officer
         (Utb), Posted At Chc Bagra, Block Jalore, District Jalore.
16.      Dr. Anil Kumar S/o Shri Hari Ram, Aged About 30 Years,
         Resident Of Keshani Godaro Ki Dhani, Danta, Sarnau,
         District Jalore. At Present Working As Medical Officer
         (Utb), Posted At Pmo, Sanchore.
17.      Dr. Mohd. Irshad S/o Liyakat Khan, Aged About 35 Years,
         Resident Of Ward No. 5, V/p Kasli, District Sikar. At
         Present Working As Medical Officer (Utb), Posted At Chch
         Kasli, District Sikar.
18.      Dr. Pravin Kumar S/o Shri Makna Ram, Aged About 30
         Years, Resident Of Jakhal, Tehsil Sanchore, District Jalore.
         At Present Working As Medical Officer (Utb), Posted At
         Chc Bagoda, District Jalore.
19.      Dr. Hanuman Vishnoi S/o Poona Ram Vishnoi, Aged About
         30 Years, Resident Of Vpo Sankad, Tehsil Sanchore
         District Jalore. At Present Working As Medical Officer
         (Utb), Chc Karda Block Raniwara, District Jalore.


                       (Uploaded on 27/10/2025 at 02:41:24 PM)
                      (Downloaded on 27/10/2025 at 09:49:31 PM)
 [2025:RJ-JD:46261]                      (3 of 5)                        [CW-20591/2025]


20.      Dr. Mahaveer Pichkiya S/o Shri Bhanwar Ram Pichkiya,
         Aged About 28 Years, Resident Of 3, Staff Colony,
         Manasar, Nagaur. At Present Working As Medical Officer
         (Utb), Posted At Pmo, Jalore.                                ----Petitioners
                                       Versus
1.       The State of Rajasthan, through its Principal Secretary,
         Department of Medical and Health Services, Secretariat,
         Jaipur (Raj.).
2.       The    Joint    Secretary,         Medical       and       Health   Services,
         Rajasthan, Jaipur (Raj.).
3.       The Director (Gazetted), Medical, Health and Family
         Welfare Department, Swasthya Bhawan, Tilak Marg,
         Jaipur (Raj.).
4.       The Chief Medical and Health Officer, Jalore.
5.       The Chief Medical and Health Officer, Sikar.
6.       Principal Medical Officer, Jalore.
7.       Principal Medical Officer, Sanchore.
8.       Medical Officer Incharge, CHC, Kasli District Sikar.
9.       The District Collector, Jalore.
10.      The District Collector, Sikar.                             ----Respondents


For Petitioner(s)            :     Mr. S.S. Gaur
                                   Mr. Ram Bishnoi
For Respondent(s)            :     Mr. Tanuj Jain for
                                   Mr. Mukesh Dave, AGC


            HON'BLE MR. JUSTICE MUNNURI LAXMAN

Order

27/10/2025

1. Heard.

2. The present writ petition is relating to the disengagement of

the Medical Officer who was appointed on Urgent Temporary Basis

(UTB). The similar controversy has been decided by this Court in

the case of Dr. Shreeram Jhajhara & Ors Vs. State of

Rajasthan & Ors in S.B. Civil Writ Petition No.20410/2025

(Uploaded on 27/10/2025 at 02:41:24 PM)

[2025:RJ-JD:46261] (4 of 5) [CW-20591/2025]

decided on 15.10.2025. The relevant portion of the judgment

dated 15.10.2025 reads as follows: -

"3. The main grievance of the learned counsel appearing on behalf of the petitioners is that the petitioners were engaged on an urgent temporary basis on the post of Medical Officer until regular recruitment is completed for the said post. This recruitment is conducted by a Committee constituted at the district level and urgent recruitment was carried out to fill the vacancies existing in the said districts.

4. The further grievance of the learned counsel for the petitioners is that, as per the selection made at the district level, the petitioners were posted at the concerned PHC. It is also submitted that until the regular post is filled, the position of Medical Officer at the concerned PHC is to be filled on a temporary basis.

5. Vide order dated 01.10.2025 (Annex.6), general directions were issued to disengage Medical Officers appointed on temporary basis wherever such vacancies have been filled with regular employees.

6. The case of the petitioners is that certain vacancies still remain unfilled by regular appointments and the petitioners' candidature should be considered for such vacancies without initiating any fresh urgent temporary recruitment, until regularly appointed Medical Officers are posted in the concerned districts where the petitioners and others were selected.

7. The fact remains that various persons were selected by the District Level Committee, consisting of district-level and other officers, depending on the vacancies then existing and they were engaged on an urgent temporary basis.

8. It appears that certain regular postings have been made, as a result, the impugned common order has been passed disengaging the persons wherever such posts are filled up with regular postings. The engagement of the petitioner along with others was on temporary basis till regular recruitment is done.

9. If there are still any vacant posts unfilled by regular recruitment or by any person on an urgent temporary basis, such vacancies are required to be filled from among the persons who have been disengaged due to regular appointments.

10. Before disengaging the petitioner, the respondents were required to consider all such disengaged persons

(Uploaded on 27/10/2025 at 02:41:24 PM)

[2025:RJ-JD:46261] (5 of 5) [CW-20591/2025]

for any other posts that remain vacant due to the absence/non-joining of regular appointments. Such re- engagement shall be made based on merit and length of service among the persons already disengaged in the same district.

11. The said exercise shall be carried out within a period of one month from the date of receipt of a copy of this order.

12. With the aforesaid directions, the present writ petition is disposed of."

3. Accordingly, the instant writ petition is also disposed of in

the same terms as in Dr. Shreeram Jhajhara & Ors. (supra).

4. All pending applications, if any, also stand disposed of.

(MUNNURI LAXMAN),J

210-Dharmendra Rakhecha/-

(Uploaded on 27/10/2025 at 02:41:24 PM)